March Newsletter

Whistleblowing is all about holding wrongdoers and organisations accountable for their actions. So we’re very pleased to see the Committee on Standards in Public Life has embarked on a new investigation into public sector accountability. Much focus is rightly on individuals and the wider public being harmed by wrongdoing - the NHS, the Metropolitan Police and Post Office being recent examples. Less attention is given to the public cost of failures and scandals, many of which could have been stopped had whistleblowers been listened to, and the failure to learn the lessons.   
 
A recent report by Parliament’s Expert Panel on health and social care draws attention to this “implementation gap” between recommendations for public sector reform and changes being put in place. Do we need to do more to hold public sector leaders to account when wrongdoing occurs on their watch? 

This month we’re turning our focus to the issue of confidentiality and its importance in effective and successful whistleblowing. There’s a high-profile battle at play in the theatre of politics with Veterans Minister and former soldier Johnny Mercer MP refusing to give up details of whistleblowers at the Afghan Inquiry. He says people came to him in confidence with information about alleged murders and cover ups by special forces in Afghanistan and he told them he’d keep their identifies secret. He’s now being challenged at the highest level – at an independent inquiry at the Royal Courts of Justice - and threatened with a prison term if he doesn’t give up their names. 

Should MPs be able to offer complete confidentiality in this way? If he is required to name the whistleblowers, will it have a chilling effect on potential armed forces whistleblowers in the future? Our blog on the subject unpacks the dilemma and presents some thoughts on navigating this particular tightrope.

In the corporate arena we’ve seen many organisations embracing new tools for receiving concerns which allow anonymous whistleblowing – on the basis that the message, not the messenger – is what they need to know. An interesting example is from Wirecard whistleblower Pav Gill whose new tool allows whistleblowers to contact an external body, which offers to package up the concerns as clearly as possible and without the risk of identification. But outsourcing whistleblowing arrangements entirely carries risks too – reporting lines should be seen as a useful add-on to effective internal arrangements. And anonymity carries risks for whistleblowers too as our blog sets out.

All of which brings us to the imminent publication of our latest whistleblowing guide for employers on Confidentiality. Featuring insights from whistleblowing leads at blue-chip companies, whistleblowers and lawyers the guide addresses: 

• How do employers protect the identity of a whistleblower during an investigation? 

• How do you manage expectations about confidentiality? 

• How do anonymous third party reporting platforms fit in with internal whistleblowing arrangements? 

We really hope this document will be a useful resource for anyone working in the whistleblowing sector – from those in HR, Compliance and Risk departments. Find out more here. 

Elizabeth Gardiner, Chief Executive. 

Lexis Nexis Legal Awards 2024

We are delighted to have been Highly Commended in the Sustainability category for our Environmental Whistleblowing project at this month's LexisNexis Legal Awards. It was such a great night and an impressive amount of incredible talent in the room.

Protect in the news

This month we featured in the Financial Times. After feeding into the Sexism in the City report we still see companies failing to protect their staff and MPs are now calling for a ban of NDAs in sexual harassment cases. Also, Andrew Pepper-Parsons, Head of Policy and Communications, explains why the government must make it safer for civil servants to speak out in Civil Service World. 

Common Root Causes for Whistleblowing in the Financial Sector

Kindly hosted by our friends at Covington & Burling LLP, our recent Breakfast Briefing brought together more than 50 people to discuss and reflect on the key issues surrounding whistleblowing in the financial sector. We were very lucky to have been joined by David Berman, Partner Covington LLP, Johanna Liddle, Whistleblowing Team Manager at The FCA and our very own Legal Director, Sybille Raphael to discuss whistleblowing as a key tool to improve and continue the integrity and success of the financial sector.

Environmental Whistleblowing March Knowledge Session

Our wonderful Legal Advisors presented the research from our 2023 Environmental Whistleblowing Toolkit, recently highly commended at the Lexis Nexis legal awards, at LSE alongside the Legal Voices for the Future network. Speakers included Johannes Stefansson, Fishrot Scandal Whistleblower, Josephine Moulds, Investigative Journalist, The Bureau of Investigative Journalism & Bob Matheson, Associate Solicitor, Leigh Day. It was an amazing opportunity to network with aspiring lawyers, as well as continue our campaign to protect the planet.

Join us for our face-to-face Whistleblowing Masterclass! You can expect to leave our session with a comprehensive understanding of how to implement an effective whistleblowing setup within your organisation. Build a culture of transparency, accountability, and trust today.

Book for Wednesday 17th April, 10:30 - 3:30 PM

Side effects of speaking up as a social worker

Eleanor* was a social worker, whose work often brought her to her local hospital to support patients. Over time, she grew increasingly uneasy about the inadequate handling of patient safety, and decisions not being taken in the best interests of vulnerable people. She felt that a manager appeared to be discharging patients who weren’t ready to go home.

*Name has been changed at request of the individual.

Whistleblowing: How to approach whistleblowing complaints

In part 2 of RPC's The Work Couch mini-series on whistleblowing, Ellie Gelder is joined by Protect's Legal Directer, Sybille Raphael, to explain how employers can approach whistleblowing complaints proactively and effectively.